Yarovenko, V.V. Criminological aspects of fi ghting illegal takeover of the transportation vehicle in the Primorsky region

Abstract: The author studies the problems of illegal takeover of transportation vehicles (hijacking) taking into account the quality and quantity changes. It is established that one of the quality changes is hijacking of a transportation vehicle with its subsequent return to a victim for the monetary compensation. The legal evaluation of the acts of suspects by law-enforcement bodies is usually provides for hijacking, even if there is evidence of theft. The author provides analysis of the practice of illegal takeover of cars or other transportation vehicles in various regions of the Russian Federation, providing for elements of crimes necessary for initiation of a criminal case on car theft. However, immediate examination actions included repeated interrogation of a victim and a suspect in order to examine the fact of hijacking. The evaluation of the public danger of car hijacking by the legislator is not sufficiently consistent and unambiguous. Applicatio of Art. 166 of the Criminal Code of the Russian Federation causes practical difficulties due to the lack of clarity in definitions, single-valued interpretation of acts, object, immediate object and moment of completion of this type of crime. All of the above causes difficulties in proving the unlawful takeover of a transportation vehicle with no purpose as to its theft. The norm on hijacking of auto-transportation vehicles with no purpose as to theft is aimed to protect the interests of people in the sphere of road transportation security (automobiles being sources of aggravated danger), which is still a problem. The investigative practice does not reflect the modern reality, when there is no theft of transportation vehicles, but there is hijacking with subsequent return of the car to a victim for a large sum of money. We consider that this crime should be excluded from the Criminal Code of the Russian Federation.

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